TERMS OF SERVICE
1. About these terms
1.1 These Terms of Business (“Terms”) govern your access to and use of the website, membership platform, and interior design services provided by IKTD Pty Ltd (IKTD).
1.2 These Terms apply to consumers and small business customers. Certain rights and remedies cannot be excluded under the Australian Consumer Law (“ACL”).
1.3 Where you engage IKTD for full service design services, these Terms apply together with any Statement of Work (“SOW”). If there is an inconsistency, the SOW prevails only to the extent of that inconsistency.
2. About IKTD
2.1 IKTD Pty Ltd (trading as I Know The Designer) is an Australian proprietary company operating in Queensland, Australia.
2.2 IKTD provides online interior design services delivered as either:
- Item Review Design Services; or
- Full Service Design Services,
as described in these Terms.
3. Acceptance and Online Contracting
3.1 You accept these Terms when you:
- create an account,
- purchase a membership,
- submit a design brief,
- book a consultation, or
- otherwise use IKTD’s services.
3.2 These Terms form a legally binding agreement between you and IKTD.
4. Membership
4.1 Membership Requirement
A paid annual membership is required to access IKTD’s design services.
4.2 Free Tier
IKTD may offer a free membership tier that provides limited access to marketing content or website features only. No design services are provided under the free tier. IKTD may modify or withdraw free tier features at any time.
4.3 Term and Renewal
Memberships are annual and paid upfront. Memberships automatically renew unless cancelled before renewal. Pricing may change on renewal, with notice provided.
4.4 Cancellation by You
You may cancel your membership at any time. Cancellation prevents renewal, but access continues until the end of the paid term. No refunds are provided except as required by law.
4.5 Suspension or Termination by IKTD
IKTD may suspend or terminate your membership immediately if you breach these Terms, misuse the platform, or engage in inappropriate or unlawful conduct.
IKTD may also terminate for convenience on one (1) month’s notice, in which case a pro-rata refund of unused membership fees will be provided.
5. Nature and Scope of Services
5.1 IKTD provides interior design services of an advisory nature only, delivered as either Item Review Design Services or Full Service Design Services.
5.2 IKTD does not provide building, construction, engineering, architectural, drafting, certification, compliance, project management, site supervision, or implementation services, whether in connection with Item Review Design Services or Full Service Design Services.
5.3 Services are based on information you provide. IKTD is not responsible for inaccuracies or omissions in that information.
6. Item Review Design Services
6.1 Service Types
IKTD offers the following fixed-scope item review design services:
(a) Interior Styling Service – digital styling advice provided in response to a client-submitted brief;
(b) Interior Sourcing Service – digital sourcing and product recommendation advice provided in response to a client-submitted brief; and
(c) Virtual Consultation Service – a live, virtual consultation conducted via an online meeting platform for a fixed duration, during which IKTD provides general interior design advice and guidance.
6.2 Delivery Method
Item Review Design Services are delivered:
(a) digitally, based on information and materials uploaded by you; and/or
(b) in the case of a Virtual Consultation Service, via a live online meeting for the booked consultation period only.
Advice is limited to the scope of the relevant service and the information reasonably available to IKTD at the time of delivery.
6.3 Time-Limited Scope (Virtual Consultation Services)
Virtual Consultation Services:
(a) are limited strictly to the booked duration;
(b) are provided on a general advisory basis only;
(c) are not recorded or transcribed unless expressly agreed; and
(d) do not include written summaries, revisions, or follow-up advice unless separately agreed.
6.4 Turnaround Times and Availability
Any stated turnaround times or availability for Item Review Design Services are indicative only and not guaranteed.
6.5 Limitations
Item Review Design Services are limited to the stated scope of the selected service and include no revisions unless expressly stated at the time of purchase.
7. Full Service Design Services
7.1 Full Service Design Services means bespoke interior design advisory services provided by IKTD under a SOW, which may include design concepts, layouts, finishes and materials selection, furniture and furnishings selection, styling recommendations, consultations, site visits, and FF&E procurement coordination.
7.2 Full Service Design Services are advisory in nature only and do not include any services excluded under clause 5.2.
7.3 The applicable SOW will set out the agreed scope, deliverables, fees, payment terms, timing and assumptions.
8. FF&E Procurement – Agency Model
8.1 Agency Role
Where IKTD assists with sourcing or procuring furniture, fixtures, equipment or materials (“FF&E”), IKTD acts strictly as agent for you and does not sell, supply, manufacture or warrant any FF&E.
8.2 Supplier Relationship
(a) IKTD acts as agent for the client and is authorised by the client to enter into contracts with third-party suppliers on the client’s behalf in connection with FF&E procurement.
(b) Any contract entered into by IKTD with a third-party supplier is entered into in IKTD’s capacity as agent only, and the client is the principal to that contract.
(c) Title to, and risk in, FF&E passes directly from the supplier to the client. IKTD does not take title to, possession of, or responsibility for FF&E at any time.
(d) Supplier warranties, guarantees and representations apply directly between the supplier and the client.
(e) To the maximum extent permitted by law, IKTD is not responsible for the performance, acts or omissions of any third-party supplier, including delivery delays, defects, availability issues or supplier insolvency.
8.3 Funds Handling
IKTD may collect funds from you and pay suppliers on your behalf as agent only.
8.4 Trade Discounts, Fees and Trust Position
IKTD may receive trade pricing, rebates or discounts from suppliers and may retain all or part of those amounts as compensation for its procurement services.
Any amounts received by IKTD in connection with FF&E procurement (other than IKTD’s fees) are received as agent only and not as trustee, and do not constitute trust monies, unless expressly agreed in writing.
9. Client Obligations
You agree to provide accurate information, make timely decisions and payments, comply with supplier terms, and ensure site access where required.
10. Intellectual Property and Licence
10.1 All intellectual property in designs, drawings, concepts, templates and materials remains the property of IKTD.
10.2 IKTD grants you a non-exclusive, non-transferable licence to use deliverables for personal residential use or internal business use only, and not for resale or commercial exploitation.
10.3 IKTD may reuse designs for portfolios, marketing, internal training, and developing or training AI systems, provided personal information is anonymised or de-identified in accordance with applicable privacy laws.
11. Confidentiality and Privacy
IKTD collects and handles personal information in accordance with its Privacy Policy. Confidential information must be kept confidential except as required by law.
12. Fees, Refunds and Consumer Law
Fees are payable upfront unless otherwise agreed. Except as required by the ACL, fees are non-refundable. Nothing in these Terms limits rights under the ACL.
13. Limitation of Liability
To the maximum extent permitted by law, IKTD excludes liability for indirect or consequential loss. IKTD’s total liability is limited to fees paid in the preceding 12 months, subject to the ACL.
14. Insurance
IKTD maintains professional indemnity insurance appropriate to the nature of its services.
15. Termination
On termination, access ceases immediately, accrued fees remain payable, and relevant clauses survive termination.
16. General
Notices may be sent by email and are deemed received when sent. IKTD may assign freely. IKTD may update these Terms with notice, and continued use constitutes acceptance. These Terms are governed by the laws of Queensland, Australia.